Author Sanjeev Sikarwar

Few interested questions of law and its answers
Q 1:
A and B are twin brothers. They look similar. A and C are sworn enemies. One fine day, A saw , from his window, C, pointing a gun towards the same window. He moved from the window , and asked his brother B , to see from the window, if an accident had occurred on the road. C thought , it is A and fired , B died. Liability of A?

Ans: 109 IPC read with 302 read with 301 IPC.
Explanation: Abetment is done by 3 ways-
Firstly: By instigation
Secondly: By conspiracy
Thirdly: By intentionally aid
in the said question, A has intentionally aided C in committing 302 read with 301 IPC.

Q 2:
A received some amount at his Paytm account. He later on come to know, B had mistakenly sent him the amount. However, he did not inform B and return the amount. Is A liable for any offence?

Ans: 403 IPC

Q 3:
A case is transferred from the High Court A to the High Court B. Can judges of High Court B , also , trial the accused for the charges under state specific offences of A?
Ans: If the case was transferred to conduct trial then “Yes” and the case was transferred because offence had been committed in jurisdiction of High Court B, then answer is “No”.

Q4:
A lodged a confessional FIR , in a police station. Discuss the evidentiary value of the FIR.

Ans: Subject to the section 27 of the Indian Evidence Act. Please keep in mind that section 27 Indian Evidence Act is proviso of Section 25 and 26 of the Indian Evidence Act.

Q5:
No where CrPC, provides a period of investigation. However under Section 167(5) and Scetion 173(IA) provides 6 months ( can be extended if special reason given) and 2 months for rape cases respectively. Sir, 167 provides default bail after 90 days , and 173(IA) provides investigation should finish within 2 months. Is not there some inconsistency? Sir, if the IO fails to investigate and submit final report within 2 months under 173(IA), is he liable under any provision, as 173(IA), uses the word shall?

Ans: Firstly, no inconsistancy.
Secondly, he may be liable u/s 166A IPC.

Q6:
In entire CrPC, the words “a person arrested and detained without warrant# are used, and if investigation could not be completed within 24 hours , such person is to be produced before the magistrate under Section 167. Sir, what about a person arrested and detained with warrant and investigation is not complete within 24 hours.
Ans: he should be produced without delay, and this delay cannot be more than 24 hrs subject to time of journey. See section 76 CrPC.

Q7:
For default /statutory bail,bail application is filed on 90 th day/ 91st day, if final report is not filed.
Ans: 91st day i.e. after completion of 90 days or 60 days, as the case may be, from the day of first remand.
for more information, please subscribe YouTube channel “Legal Lamp”.
Please correct me, if you have different opinion.

3 Comments to “Blog”

  1. Good Questions and good answers as well. Keep it up.

  2. Dear sir,
    I have lost my 10000 Re. Same day lodged a complaint through 1930 and on reference cyber crime also hold my whole amount in fraudsters account I watched your video on you tube regarding with same sir please kindly suggest me should I go with court or only by local police station for bank request to refund my money
    Cyber crime reference No 31910230054458

    1. Sorry for delay response.
      You should first approach police station for issuance of letter to bank with direction to refund held money in the account from which account it was credited i.e. your own account. if police do not write letter, or after writing letter, bank does not refund the amount then you will have to approach court for necessary order to Bank for the same purpose.

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